Attorney obtained dismissal of plaintiff's Complaint in the Chancery Court of New Castle County, Delaware
Attorney obtained dismissal of plaintiff's Complaint in the Chancery Court of New Castle County, Delaware. Plaintiff alleged that he was fraudulently induced to enter a contract of sale for the purchase of a property on the basis that he was improperly advised that he qualified for a mortgage from our client even though he could not document part of his income. When it came time to close, our client refused to provide the mortgage and the developer retained the deposit of approximately 10% of the purchase price as plaintiff/purchaser was unable to close on the contract. Plaintiff sought rescission of the contract and the return of the deposit based on fraud, misrepresentation and mistake of fact. Defendants filed a Motion to Dismiss for lack of subject matter jurisdiction and after briefing, re-briefing and oral argument, defendants' Motions to Dismiss was granted.